Dershowitz attempts to clarify controversial argument about presidential powers


Alan Dershowitz, an attorney for President Donald Trump, on Thursday claimed the media twisted his words when he made the controversial legal argument that a president could engage in a quid pro quo for personal political benefit as long as the president believes his or her reelection is in the public interest.

In a series of a dozen tweets, the former Harvard law professor and prominent criminal defense attorney claimed that “CNN, MSNBC and some other media willfully distorted my answers” from Wednesday’s Senate impeachment trial proceedings, when lawmakers began posing questions to the White House defense team and the House impeachment managers.

“They characterized my argument as if I had said that if a president believes that his re-election was in the national interest, he can do anything. I said nothing like that, as anyone who actually heard what I said can attest,” Dershowitz wrote, going on to clarify his remarks before the chamber.

Responding to a question about how presidents conduct foreign policy, Dershowitz asserted Wednesday that “every public official that I know believes that his election is in the public interest.” Therefore, he continued, “if a president did something that he believes will help him get elected — in the public interest — that cannot be the kind of quid pro quo that results in impeachment.”

But tweeting Thursday, Dershowitz insisted that he “did not say or imply that a candidate could do anything to reassure his reelection, only that seeking help in an election is not necessarily corrupt.” Concluding his string of posts, he wrote: “Critics have an obligation to respond to what I said, not to create straw men to attack.”

Posted in Uncategorized

Senate Republicans: Screw what voters want. It’s impeachment cover-up time

Senate Republicans have come back to where they started: they’re going to stage an impeachment cover-up, and they’re not going to half-ass it. With Donald Trump in full public bully mode and Senate Majority Leader Mitch McConnell twisting arms behind the scenes, the number of Republicans willing to vote for a fair trial is expected to be less than the necessary four—and even the one or two Republicans who vote to hear from witnesses will do so with McConnell’s permission, knowing that they aren’t changing the outcome.

This recommitment to cover-up comes as poll after poll shows anywhere from 66% to 80% of Americans—including substantial percentages of Republicans—wanting witnesses in the impeachment trial. Republican senators do not care.

Sen. Lindsey Graham’s take is that “For the sake of argument, one could assume everything attributable to John Bolton is accurate, and still the House would fall well below the standards to remove a president from office.” But we never expected Graham to stand up to the latest powerful figure he’s attached himself to in a bid for greater relevance.

”We don’t need Mr. Bolton to come in and to extend this show longer, along with any other witnesses people might want, and occupy all of our time here in the Senate for the next few weeks, maybe even months,” said Sen. John Cornyn. Heaven forbid the Senate waste its time on frivolous things like finding out how far the president went to undermine American democracy! 

Sen. Susan Collins may vote to hear witnesses, with McConnell’s permission, so she can keep duping news outlets like The New York Times into writing long-discredited nonsense like that “She is the rare member of her party who still seeks to appeal to a broad range of independent and even Democratic voters as well as Republicans.”

Senate Republicans have made it clear: They will acquit Trump even if they are somehow forced to acknowledge that he did what all the evidence shows he did, withholding military aid to Ukraine to pressure the nation to help him out in the 2020 elections by digging up dirt—or at least publicly announcing that there was dirt to be dug—on the Democratic opponent he saw as most threatening at that time. Senate Republicans don’t care what he did. They just want to stay in power, and they think Trump is their best bet for doing so. And even though voters have seen through their intent to cover up, they’re going through with it anyway, because apparently Republicans are convinced it’s better to have people know you’re covering something up than to have them knowing what lies under the covers.

Pivotal vote: What happens if there’s a tie vote on witnesses at Trump’s trial?

With a pivotal vote on witnesses fast approaching in the Senate's impeachment trial of President Donald Trump, there's buzz in the Capitol over the possibility that Chief Justice John Roberts might break a tie vote -- and while many senators in both parties believe that's an unlikely scenario, some are still holding out hope.
Posted in Uncategorized

Alan Dershowitz jumps in to attack the ridiculous theories of legal muttonhead Alan Dershowitz

Alan Dershowitz may have kept his underwear on in the Senate impeachment trial of Donald Trump—though, thankfully, we do not know that one way or the other. What he didn’t keep was any pretense that his “constitutional scholarship” went beyond the ability to say “James Madison” while providing a defense of nothing less than overt fascism.

In a series of appearances, Dershowitz declared that there’s nothing wrong with a president using the federal government to launch investigations of opponents, nothing wrong with a president extorting political assistance from a foreign government, and in fact nothing at all forbidden to a president clinging to power. Nothing.

It was such an amazing statement that it generated immediate concern—from everyone except Republican senators who who will vote to endorse that theory on Friday. But now Dershowitz’s embrace of unbounded authoritarianism is under assault from a new source: Alan Dershowitz.

On Thursday morning, Dershowitz—clothing status unknown—tweeted that when he said a president could never be impeached for abuse of power, that a president was perfectly justified in using his office to persecute opponents, and that there were no limits on what a president could do to cling to power … people were taking it the wrong way.

“They characterized my argument as if I had said that if a president believes that his re-election was in the national interest, he can do anything,” complained the attorney of Jeffrey Epstein and Harvey Weinstein. “I said nothing like that, as anyone who actually heard what I said can attest.”

Well, it’s certainly a good thing that Mitch McConnell’s personally controlled camera was fixed on Dershowitz during his appearance so that these slanderous accounts can be cleared up.

What did Dershowitz really say? Well, there was the part where he discussed what a president could demand, from anyone, including foreign governments, in exchange for political help against opponents.

If a president does something which he believes will help him get elected in the public interest, that cannot be the kind of quid pro quo that results in impeachment.

If that wasn’t clear enough, Dershowitz walked through scenarios to make it clear that, no matter how severe the action, there was nothing, nothing, nothing off the table. All it takes is anything that creates the slightest possibility of mixed motives … even if the “good” part of that mixture is unlimited hubris.

’I want to be elected. I think I’m a great president. I think I’m the greatest president there ever was. And if I’m not elected, the national interest will suffer greatly.’ That cannot be an impeachable offense.

And rather than suggesting that it was an issue for the president to use his power to solicit—or order—investigations into political opponents, Dershowitz made the case that, because Joe Biden is a candidate, Trump can put him under additional scrutiny.

The fact that he’s announced his candidacy is a very good reason for upping the interest in his son.

If the media is reporting that Dershowitz said a president can do anything to maintain their own power, and a president can use that power to persecute opponents, it’s because he did. No matter what Alan Dershowitz says.

And when the Senate votes on Friday, it’s exactly these theories that it’ll be voting on.

x